State v. Tucker
2012 Ohio 5067
Ohio Ct. App.2012Background
- Tucker was charged in Oct 2011 with eight counts in Cuyahoga County; counts included kidnapping, attempted murder, felonious assault, aggravated robbery, discharge of firearm, and weapon under disability.
- Plea agreement: Tucker pled guilty to felonious assault (Count 3) and weapon under disability (Count 8); remaining counts were nolled.
- Sentencing occurred in Jan 2012, and Tucker orally moved to withdraw his guilty plea; the trial court denied the motion and imposed a 10-year sentence.
- Appellant argues the presentence withdrawal motion was improperly denied; the appeal focuses on voluntary and knowing plea, representation, and hearing fairness.
- The appellate court applies Crim.R. 32.1 and the four-prong Peterseim standard to review a pre-sentence withdrawal decision.
- Judge Jones affirmed the denial of the motion to withdraw the plea and the resulting judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion in denying pre-sentence withdrawal of the plea. | State maintains the Peterseim criteria were satisfied; no abuse. | Tucker argues poor counsel, involuntary/unknowing plea, unfair hearing, and lack of full/fair consideration. | No abuse; denial affirmed under Peterseim. |
Key Cases Cited
- State v. Peterseim, 68 Ohio App.2d 211, 428 N.E.2d 863 (8th Dist. 1980) (establishes four-prong test for presentence withdrawal)
- State v. Xie, 62 Ohio St.3d 521, 584 N.E.2d 715 (1992) (pre-sentence withdrawal should be liberally allowed, with limits)